toward the woman in zimbabwe while the man scrambles out leaving her to fend for herself. she was bit but she's okay. >> dump him. "fox and friends" starts now. >> have a great day. see you tomorrow. >> thank you, huma. thank you, huma. thank you anthony weiner. >> not making any excuses, but i will tell you this. if they want to look at some more e-mails of one of my staffers, by all means go ahead. >> donald trump and i, we commend the fbi for reopening the case because no one is above the law in the united states of america. >> some ways the enthusiasm jacked up this weekend. you know, there may be some distractions, but we won't be distracted. >> the good news is the president believes that director comey is a man of integrity, a

man of principle. >> director comby made a mistake and he needs to correct that. >> this week the clinton campaign is in the worst communication crisis. >> no matter how good the resul criminal, if you run a trial of the system, if you have obstructed justice, the system grinds you down. ♪ system grinds you down? i don't think it grinds you down. >> it has been a grind getting to where we are. >> seven is the operative number this morning. we have one more week. next tuesday. you're going to be going to the polls and voting for which ever one -- >> when you people asked you who you voted for, be honest? we don't want to wait until wednesday. >> we have a big program. trey gowdy is going to join us. we'll talk about things regarding this e-mail thing.

>> speaker paul ryan will be with us. >> we have not had him on in a long time. >> judge shapiro is here. she thinks it's being misconstrued. >> judge napolitano is here. and laura ingram. we have a busy three hours that starts one week out and right now. >> all hands are on deck at the d.o.j. one week out from the controversial election. >> using all necessary resources as hillary clinton insists there's nothing to see in the new trove of e-mails found on aide huma abedin's laptop. >> kristin fisher is live in washington following the rapidly developing and unfolding investigation. they really want to get this done. >> they do. but it seems almost impossible before election day. fbi agents are scouring through thousands of e-mails looking for any that are pertinent to the

case. top aide huma abedin says their client has no idea how her e-mails got on to that laptop. "she only learned for the first time of press reports that the laptop belonging to mr. weiner could contain e-mails of her. the fbi not contacted us about this as abedin will continue to be as she has always been, forthcoming and cooperative. >> she's notorious from never being feet from her boss. she's been noticeably absent for weeks. last week in ohio, clinton repeatedly said that the fbi has no case. she repeatedly tore into fbi director james comey. she invited fbi agents to keep on digging but insisted they won't find anything. >> i've said repeatedly, i made a mistake. i'm not making any excuses. but i will tell you this. if they want to look at some more e-mails of one of my staffers, by all means go ahead.

look at them. i know they will reach the same conclusion they reached when they looked at my e-mails last year. >> in that clip, clinton makes what some are perceiving to be a telling remark. she refers to abedin as one of my staffers when previously she referred to her like a second daughter. here we are exactly one week away from election day and she appears to be no longer traveling with one of her close closest confidants. >> yesterday we weren't sure how much they would focus on this before election day. today we understand the justice department looking over the shoulder of the fbi as it uses sophisticated software to go through it. they're going to break it down to sender and subject line. cultivate it that way. look at benghazi and other words. the fbi agents, there's going to be more hauled in to get this done. now, the justice department and

fbi, their rivalry is going to help us get to the bottom of this which will give us an additional october, dare i say, november surprise. >> today is november 1st. the interesting thing is the person at the department of justice who will be overseeing this is somebody who has dinner frequently with john podesta. that's not too cozy, is it? >> unbelievable. it's a bombshell. on friday when james comey released to congress a letter saying look, we found a bunch of e-mails and we're looking into it. now reuters is reporting that apparently on thursday, the day before, comey was actually briefed on the e-mail situation by his top aides. then over at the department of justice loretta lynch found out about it and asked for a meeting apparently. they sat together in a room and she was explaining that, if he were to release a letter, it would violate department policy. it's simply too close to an

election. >> can't release the letter to congress. he's saying, wait a minute, are you trying to interfere, are you trying to tell me to stand down? >> right. >> she backed off then and he went ahead and reads the letter. >> loretta lynch, this is underlining the rivalry between the two. she had to recuse herself because she was with the former candidate and -- i'll give you to my deputy. she put herself back in and then she backs out. now they're back in looking over the shoulder of the fbi to get it done by election day. >> why would she say it's violating -- >> it doesn't violate the hatch act. >> or because she didn't want the information out. >> those are two different things. tradition at the department of justice, you don't release it if it could affect the outcome of an election. he specifically said, are you ordering me not to do this? ? you know, are you ordering me to

keep this bombshell secret? she did not say he could not send it out. the next day he sent it out. >> it's just amazing how many critics, and republicans are critical of james comey. hoim critics in the middle of -- two weeks later comey was given the information about it and he kept it under wraps through election day for another month when they find out whatever is inside the 650,000. there would have been additional outrage then. >> did you read the mainstream media and how they were covering this. they were blaming it on james comey. >> of course. >> except for the white house who i thought was mature about the whole thing. they would not impugn james comey and still have confidence in him. >> the graphics at abc, despite the fact we don't know the outcome of the election, you can see right there. the graphic says there is no case here. all right. then some of the evening newses

depicted what's going on in this way. since you put up the graph, let's mention right now, when it came to anti-comey statements, there were 88 of them. despite there were investigations into hillary, there were 31. >> 3 to 1 they were more worried about comey than hillary. >> here's a montage of the nightly news going after comey. >> in the battleground of ohio where early voting is under way telling voters, "there is no case here." >> clinton's team counting on their get out the vote operation. more than 23 million votes already cast. democrats outpacing republicans in north carolina and nevada. >> the october surprise that rocked the race for president on friday may not have rocked it enough to move the needle with voters. >> clinton campaign seize seething on a new report that fbi director james comey was reluctant to -- cyber hacking

democrats close to the election. they called that a jaw dropping double standard. >> desperately trying to change the narrative to something that was ripping comey or about trump and russia. it was just a tremendous leak. >> "the new york times" today, new york times has an article on like the 11th day -- >> of course. >> the 21st page. the article is about how the fbi sees no clear link to link donald trump with russia. >> so what you're saying, let's look at the first page. donald trump in the 1990s used a tax tactic now banned. really? don't you think the headline should be page 9. no russian link to donald trump. >> this ridiculous magazine turned into a flyers, in this time of the most heated election ever. don't send a teen to jail. you can't find a new trend for -- >> in the tiny little -- right

here. comey, man with integrity. tiny little -- >> i'm a little embarrassed now. >> i didn't know you were going to do that. when i came in, i was looking for articles about it. this was head of the new york post. latest on hillary clinton. then i say the daily news. i was like, what? i pushed that aside. >> the premature elation is the fact that hillary clinton has already bought fireworks. she's going to have a two-minute display once she wins at 9:30 in the hudson river on election night. >> i hope they choose -- >> the fireworks, though, what if she doesn't win? do they still have the display? >> you lose your deposit. >> maybe they'll take it to the east river and sell it to donald trump. meanwhile at cnn, apparently they've had it up to here with donna brazile who has been a long-time commentator there. after the latest wikileaks dump revealed that she has been fed

two questions to the hillary clinton campaign. she has been fired. supposedly, cnn is floored. >> they also got rid of bernard shaw. she's taking over the dnc. of course, she's not participating at cnn. they say they got rid of her october 14th. she sent a nice tweet back saying she loves the people of cnn. it's got to be embarrassing for somebody who is a commentator to get ahold of the questions ahead of time, feed them to her favorite candidate, fill in the name hillary clinton, not bernie sanders. that's too -- she said at the end of this, more to come. maybe she was fed additional ones. >> when she took on the role of -- according to cnn she resigned on october 14th. two weeks ago, we learned that she was feeding some of the questions. remember in that one e-mail to podesta. the latest wikileaks is saying that she gave a question ahead of the flint, michigan, debate.

>> to a woman with a rash. >> what is bernie sanders thinking now? this was in the primary. this is what cn nsaid. they said we're uncomfortable with what we've learned about her interactions with the clinton campaign while a cnn contribut contributor. >> here's the thing. i was reading on the hill.com this morning. joe concha. he said cnn needs an internal investigation with what happened. it sounds like roland martin. remember him. fed the question to donna brazile for that town hall. they need to figure out what went wrong over there so it doesn't happen again. >> congratulations on the questions. you're in flint, michigan, talking about the water crisis. be prepared. i'd be like, excuse me you have to feed me that question ahead of time? talk about the makeup of the type of lead that's in the pipe. i get it.

give me a heads up. >> this will reverse if reince priebus were giving the questions, i would get the electric chair. >> it would be a joke. seven days from the election. fox news as election day coverage. we've got you covered starting at 4:00 a.m. and all night as the votes are coming in. you need to stay with fox newschannel, america's election headquarters. we have a new studio, it's so cool. >> throw away the remote, leave it here on fox. in the tea party targeting -- why isn't the irs investigating the clinton foundation? our next guest helped expose the e-mail scandal and he's furious. tom fenton here. they never saw it coming. a dangerous predator sneaking up on a couple relaxing in their pool. the guy says see ya later alligator, leaving his girl behind. >> it's an alligator.

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play, why isn't the irs investigating the clinton foundation. we have the president of judicial watch with us this morning. good morning, tom. >> good morning. >> one thing we learned was bill clinton's body man put out a memo talking about the clinton foundation and stuff like that. he made it pretty clear that the clinton foundation was pretty much a pay for play way for the clintons to personally get rich. why hasn't the irs gone after the clinton foundation? >> well, that's a good question. there's no public information that's taken place. there is public information the justice department is protecting the clinton foundation. there's a thing going on that the clintons are being protected by the justice department and the fbi from any serious investigation. fbi agents were told to stand down. the justice department denied access to e-mails and subpoenas and grand jury opportunities and witness interviews by the justice department. so you've got interference in the clinton foundation

investigation. right now, there's a cover-up going on within the obama justice department and the fbi about what the clinton foundation has been up to in these pay to play scams which have been confirmed essentially by wikileaks and we've been exposing for almost a year on judicial watch. >> sure. apparently, fbi agents, field agents are going to their bosses, hey, we've got plenty of stuff on the clinton let us loose. let's go after it. the department of justice is saying hold your horses, there's nothing there. the fbi are getting steamed about that. this is reminiscent of back in 2010 when the irs teamed up with the department of justice to tamp down the conservative groups, isn't it? >> that's an under rn reported aspect of the irs scandal which is the justice department reached out to the irs saying how can we process the groups you're suppressing? lois lerner sent every irs file

on 501 c 4 groups. they wanted to go after donors. they were thinking of creative ways to put obama's opponent in jail. this is the same justice department that is looking the other way on the clinton foundation. >> why do you think they're doing that? >> because they're terribly politicized and they want to use the tools of the justice department to punish and reward friends. the conservative movement, tea party groups, are seen as enemies. the hillary clinton obviously the nominee for the democratic party for president is seen as a friend and they're going to protect her and subvert the rules to do so. >> that's the commentary of what's going on in washington, d.c. tom, thanks for joining us on this tuesday. >> you're welcome, steve. it is now 20 minutes after the top of the hour. hillary clinton and her democratic allies hammering donald trump over how he would handle the nuke codes. >> dozens of retired nuclear

launch officers took the unprecedented step of saying that donald trump should and i quote, not have his finger on the button. >> shouldn't voters be worried about a clinton classified controversy too. pete hegseth has more next. hi. pete.

good morning. 24 minutes after the hour. we begin with your headlines and a fox news alert. a halloween hayride turning into a horrible tragedy. two children and one adult killed. several others hurt after a truck in mississippi rear ended a flatbed truck that was carrying trick-or-treaters in that state. police are investigating. a deadly explosion shut down the country's largest pipeline

once again. thick flames and snoek rising from alabama colonial pipeline. a construction crew hit the pipe with an excavator. it killed one worker and injured six others. the same pipeline burst in september. it caused massive gas shortages in the south. a commuter crisis could affect voters getting to the polls in a huge battleground state. in philadelphia, the subways and buses came to a halt as transit workers went on strike. that leaves one million people without a ride today and perhaps excuse not to go to work. brian? all right, heather. thanks so much. search days in the election. the clinton campaign is bringing back the 1964, yes the 1964 anti-nuclear war campaign ad with this little daisy all grown up and backing hillary clinton. >> this is me in 1964. the fear of nuclear war that she had as children, i never thought

our children would have to deal with that again. to see that coming forward in this election is really scary. >> no daisy. grown-up woman. >> for those concerned about donald trump having his hands on the nuclear code, shouldn't there be concern over how hillary clinton handled classified information and the follow-up to a benghazi investigation. pete hegseth served in iraq and afghanistan. he's here with more. an effective ad to get people nervous about donald trump. is it accurate? >> ts not accurate. obviously, their polling tells them that people are feeling that way. i talked to grassroots groups of conservatives and independents all the time. there are those that say hey, what will donald trump do in a nuclear situation. at the end of the day, they said the same thing about ronald reagan. they said he was unpredictable, he was too pro american. he would be rash. it's a bomb they're going to throw to knock people you off of their support potentially of donald trump. there's nothing in his history -- he's campaigning to win. he's throwing bombs in a twitter

sense, political sense to beat his opponents. there's nothing in his background to lead that he would not do anything but things that are prudent. >> you notice how things -- he could be with the paul ryans of the world, the hillary clintons of the world. but you're saying don't look at his relationships, look at how he does his business. has he thrown business deals in the street because he's so-called thin-skinned or irrational. >> sure. i mean, there have been moments in this campaign where we've all had pause. if you look at his business record, those who spend time with him when he's briefed on political issues, he's thoughtful, he internalizes it, goes through a decision-making process. ultimately, what do you want in the contrast? a slightly unpredictable patriot in donald trump or the core rose sif and calculated corruption of hillary clinton who we know has ties to business interests around the globe that are not

focused on america. he doesn't have his finger on nuclear codes that he can just push a button. he's going to go through a process and take it very, very seriously. >> tactically, it's a good move for her. does it bother you at all pete he says he knows more than most generals? >> no. because again, that's the way donald trump speaks. he's talking about the gut. he talking about the fact that he says listen, i'm going to fight to win. i'm going to untie the hands and get rid of political correctness. not the i have more tactical sense than generals. i think he'll listen to the generals and give them the tools they need to beat the enemy. >> thanks so much, pete. see you back here in the studio. two minutes after -- i'm sorry about the vikings last night. straight ahead, donald trump hoping hillary clinton e-mail surprise might turn some blue states red. >> now, michigan hasn't been like, what is it 35 years or

something like that, no republican has won since like reagan or many years ago. >> but he went there yesterday. could all this drama doom democratic's ticket. we're going to map out and see if donald trump can make history in michigan and they say they never saw it coming. a dangerous predator sneaking up on a couple relaxing in their pool. the guy says see ya later. leaves the babe behind. is that right? "when the ship comes in" by the hollies

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work with computers. i thought this was nice. the former first lady actually took the time to show the young people how to use that all-important delete files button. >> in case you did not here, jimmy fallon pulled a hamstring again and jay leno jumped out there. >> it was fantastic. takes us in the way back machine. >> jay leno days. >> funny stuff. donald trump hoping hillary clinton's legal trouble will light a fire under his voters. that as he heads to the must-win battleground state of pennsylvania today along with running mate mike pence. >> senior national correspondent john roberts is live in valley forge where something historic happened. >> reporter: brian, steve, ainsley, good morning to you. i do vaguely remember something happening here a long time ago. can you believe we're down to the final week of campaigning? it's like summer camp. part of you really wants to go home, but the other part of you doesn't want it to end. donald trump's campaign day

begins here in king of prussia, pennsylvania. hillary clinton leads by five points here but he's trying to peel back that lead a little bit and make inroads. also appearing today in wisconsin as he tries to sort of expand the playing field, if you will. he's going to be talking a lot, obviously, about the fbi investigation today, warning people that if hillary clinton is elected, it could be a repeat of the clinton white house of the 1990s. litany of endless investigations. even yesterday in grand rapids, michigan, warning of a potential constitutional crisis. listen to this. >> hillary is likely to be under investigation for a very long time. our country will continue to suffer. she's unfit and unqualified. her election would mire our government and our country in a constitutional crisis that we cannot afford. folks, we have to get back to work. >> reporter: before he talks about hillary clinton and the

fbi investigation, this morning he'll be talking about policy, specifically obamacare. he's got a speech here at the doubletree hilton in, of course, historic valley forge, where he will, according to the campaign, offer a profile of leadership and a real call to action. he'll also be joined on the stage by a number of congressional leaders who would be instrumental in helping him repeal and replace obamacare as he's promised to do beginning day one should he be elected president. he'll be joined by governor mike pence who went through the trials and tribulations of obamacare in indiana. a poll shows him up by four points here in the final week of this campaign. the trajectory for donald trump looking a lot more promising than it did a couple of weeks ago. ainsley, brian, steve? >> john roberts in valley forge near one of the great malls in america, the king of prussia mall. >> right. >> johnny, thank you. >> steve, have you seen ainsley? >> she is currently in studio j

with scott rasmussen. >> i ran to the elevator. came up to join scott. as john was reporting to all of us, donald trump is using the new fbi probe into hillary clinton's e-mail server to rally the blue states and get all the support there in the final days of his presidential campaign. so how could this impact the senate? here to break it all down for us, the most vulnerable state, senior fellow at kings college, scott rasmussen. >> ainsley, it's great to be here. what happens at the top of the ticket affects the other -- >> the senate could go red or blue. what states are going to control that? >> these nine states will determine control of the senate. eight of them, all those red states currently have a republican senator that could flip the other way. remember, the republicans come into this with a 54-46 advantage. they can still lose a little bit of ground but not all that much. when you look at these states, though, these three, florida,

illinois and wisconsin, most people think we know what's going to happen. wisconsin and illinois have republican senators, kirk and johnson and democrats expect to pick up those states. marco rubio in florida looks okay. news out of wisconsin that the race is closer than anybody thought. internal polling shows there with will be a toss-up. the story is if the republicans pick up wisconsin or illinois or if the democrats pick up florida, there's a huge wave in motion. that will be a sign that all bets are off. if the republicans win one of these seats, they control the senate. if the democrats win florida, they'll be in charge. >> okay. >> but if those states go as we expect, come down to four states, north carolina, pennsylvania, missouri, new hampshire. these are all toss-ups. three of them have tight presidential races as well. why is donald trump in pennsylvania? obviously, he needs the electoral college votes. but the better he does there,

obviously, the better pat toomey's chances of winning. pennsylvania and new hampshire are two states that do not allow early voting. so if there's any fallout from in fbi scandal, if republicans come home, if independents who don't like either candidate end up saying i can't handle that, the impact will show up in a big time way in pennsylvania and new hampshire. why does that matter? all of these states, the polls right now very, very close, within a couple of points. if either party sweeps these states, they will control the senate. now, because the races are so close -- >> really close. >> if the polls shift two points in either direction, either party could win all four of these states. that's something to keep in mind. anybody who tells you they know what's going to happen in the senate is lying to you. indiana, this is a big story. the democrats thought they would pick up this seat because evan bayhh was recruited.

former senator. >> it's a republican state. indiana is mike pence's state. >> exactly. it's a republican state and the polls show the race tighter and tighter. i think indiana is a state where the e-mails will have an impact and remind republican voters why they don't like hillary clinton. if that happens, todd young could pull off an upset. >> these are the numbers before the e-mail scandal? >> yes. in indiana, because of quirky state rules, there's less public polling than anywhere else. we don't really know what's going to be happening there. last poll showed this race dead even. by the way, indiana the polls close early. if the republicans pick up a seat there, again -- >> you'll know immediately. >> something will be happening for the gop. >> in nevada, look this is a state that always looks good for republicans, always seems to slip away. it's a toss-up. where does that leave us? the race is so close, if things went well for the gop, if the polls switched a couple of points in their direction, they could hang on to a 53-47 edge in

the senate. if things go a the other way, we might end up tied at 50-50. >> could you imagine? let's send it to heather with headlines. >> hi, ainsley. good morning to all of you. one of the big stories today, obamacare. the thought of signing up for health care making millions of people sick this morning? open enrollment under obamacare under way beginning today. premiums will go up an average of 22% next year. but many people will end up paying more than that. eight states will see increases of 30% or higher. arizona will get hit with a 116% spike. heart stopping video shows a police officer putting his own life on the line to save an 87-year-old woman trapped inside a car. that car engulfed in flames.

>> that body camera video capturing the santa fe police officer getting the woman to safety. flames rage inches from her face. she was driving on a flat tire when she sparked that fire. she will be okay. thank goodness for that. what a brave hero. it is every man for himself apparently. take a look at this video. a guy jumps out of his pool as his girlfriend is attacked by an alligator. the six-foot reptile swims toward the woman in zimbabwe while the guy scrambles out leaving that poor woman to fend for herself. when he comes back, he distracts the animal and allows the woman to escape. she suffers several bites but is otherwise okay. perhaps breaking up today. those are your headlines. >> it would make a lovely handbag. >> see you later alligator to that guy. thanks, brian and steve. >> the bears did beat the vikings last night. we'll have highlights later on in the show.

meanwhile, what does hillary clinton think about the fbi doing its job? >> not just strange, it's unp s unprecedented and deeply troubling. >> actually, it's not. because her husband set the precedent. all rise, here's judge andrew napolitano. he's next on "fox and friends." bp engineers use underwater robots, so they can keep watch over operations below the sea, even from thousands of feet above. because safety is never being satisfied. and always working to be better. because safety is never being satisfied. we were in a german dance group. i wore lederhosen. so i just started poking around on ancestry. then, i decided to have my dna tested through ancestry dna. it turns out i'm scottish. so, i traded in my lederhosen for a kilt. we ship everything you atcan imagine.n,

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judge, harry reid who famously had a friend who knew that mitt romney never paid taxes for ten years. afterwards, he said i made that up. but it worked. now he's saying that james comey violated the hatch act. >> the hatch act is a 1939 federal statute which prohibits federal employees, everybody who works for the federal government, except the president and the vice president, from overt political activity while they're in office using federal assets. if chuck schumer, the senior senator from new york wants to ask you to contribute to his campaign, he can't call you from his senate office. he can't use federal assets to aid a political cause. so senator -- i've been critical of director comey, we can get into that later. but senator reid's criticism is over the top. this is jim comey doing what he believes it his job. if there's an incidental affect

on politics, there's incidental effect on everything. >> federal money on a federal plate, the campaign for hillary clinton. >> okay. because when the hatch act was making its way through congress, fdr was president he said this can't affect me. all presidents do this. but the political party to which the president belongs reimburses the government for the use of the plane and whatever other expenses are attendant upon that. so in my view what director comey did, a lot of us across the political spectrum have been saying this. was to give the public a snapshot of where this investigation was at the time, which is prohibited by department of justice regulations and fbi regulations because it can be a misleading snapshot. his job is not to answer to the public and not to answer to the congress. it's to gather facts, get them to the justice department, let them decide what to do with it.

>> judge, these e-mails came out several week ago. did the fbi wait too long to disclose this? >> you know, i'm smiling because we all have sources and we're driving our sources crazy to get information. that's one piece of the puzzle that we haven't been able to figure out as to why it took a month to get to comey's desk. when i say it, it is the fact that inside that laptop are all these e-mails that huma abedin forwarded to herself. some probably originated with hillary clinton. some knot nothing to do with it. they got the search warrant sunday night, two days ago. in order to get that, they didn't say we're investigating hillary clinton. they said we're investigating huma abedin because we think she may have lied to us about the existence of this. we also think she may have lied under oath in a deposition in a civil case. judge, let us go in and read these e-mails. the judge agreed. >> they never would have found

any of this out if it weren't for her husband. >> thank you, anthony weiner. >> we're smiling because of the perversity of his behavior. but you're right. >> bill clinton and the clinton camp should be looking in the mirror before they condemn those on the trump side for coming out and praising james comey. for example, bill clinton in 1992 talked about revelations that special prosecutor walsh came forward with, the fact that bush 41 might have had additional involvement in iran-contra right before the election this revelation came out. listen to what bill clinton said. >> today's discloesh thaur president bush knew and approved of the arms for hostages deal with iran, not only directly contradicts the president's claims, it diminishes the credibility of the presidency and raises the question most importantly about whether he's told the truth in this campaign and for the last five years.

>> unprecedented? >> well, the indictment of casper weinberger in that year before election day, was a profound injustice and injustic violation of variety of federal regulations, but the independent counsel, former federal judge walsh decided to go on his own and there was no stopping of him. i happy to agree with what clinton said. but it is wrong for law enforcement to do something within 60 days of election with the intent of affecting the outcome. >> if only we didn't have that videotape. >> all the best, guys. still ahead on this tuesday, hillary clinton's moment of truth. seriously. carly shimkus is here with the top trending headlines of the morning and she's coming up. ♪ ♪

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"fox & friends" trends right now talk about a lame duck this trick-or-treater going viral with his costume at the white house last night. >> with a break down with what is trending this morning is fox news reporter, carly shimkus. >> the white house hosted their annual trick or treat yesterday. this little boy dressed as a lame duck and posed with president obama.

check out the bandage around his head. >> did he take it well? >> i saw the little kid taking off his head and it was a little blond boy. >> so a young kid. this one is a head scratcher. hillary clinton's team tweeted out an article kind of a who to vote for guide, a guide to help you make your choice for president, but get this, the title of the article is how to choose between the most corrupt, least popular candidates of all time. >> so who is handling her tweeter feed? that is terrible. >> it is still up. she would take it down. >> it is a pro hillary article.

>> let's go to the last one. what is the controversy here, #hillary for president, the #hillary for prison. that hash tag it. >> they are doing that so that twitter doesn't censor an anti hillary comment. >> it's a sad commentary on our society when people have to #hillary for prision. >> a lot of people are concerned about that. >> you have to get back at the top of the hour you have to do sirius 115. >> putting on my sneakers, going right there. >> he's really concerned, carly.

losing sleep every night. stick around on our tuesday telecast, we've got speaker paul ryan coming up, congressman trey gowdy along with laura ingraham. >> that's a great lineup. >> i know.

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only on verizon, and get up to $400 back. and right now get 20 gigs and four lines for just 160 with no surprise overages. all on america's best network. hillary is the one who broke the law over and over. thank you, huma. >> i'm not making any excuses, but i will tell you this, if they want to look at some more emails of one of my staffers, by all means. go ahead. >> no matter how good the election result, if you are a criminal, if you run afoul of the system, if you have obstructed justice, the system grinds you down. >> we commend the fbi for reopening the case because no one is above the law. >> director comey made a grave mistake. i think he needs to correct

that. >> last week, they are ordering up their inaugural ball gowns and this week they are in crisis. >> in some weeks, they jacked up enthusiasm. >> director comey is a man of integrity, he's a man of principle. >> thank you, anthony weiner! ♪ ♪ >> thank you, anthony weiner! >> because of his mistake or his whatever you want to call it -- >> his laptop. >> whatever he's doing on his laptop with that teenager, because of that, the fbi took his laptop and that's when they found the 650,000 emails that his wife had saved on that laptop. >> because of anthony weiner's sexting of a teenager could cost

her the presidency. >> he wants to be majority leader and that could turn everything in these battleground states. >> if you are just joining, we've got a huge show. we have trey goudy, and paul ryan and laura ingraham. >> it's all about morale at the fbi. it's all hands on deck at the doj exactly one week from the prel -- presidential election. >> there's nothing to see in the new found emails found on huma abedin's husband's laptop. >> kristen, the fbi, the department of justice, they are looking at that laptop. they are trying to figure out what the heck is in there. >> that's right. fbi agents are scrambling to

sort through thousands of emails that were found on anthony weiner's laptop. despite initial opposition to reopening the investigation, the justice department is continuing to cooperate. we assure you that the department will continue to work close wi with the fbi and together dedicate all resources to take appropriate steps as expeditiously as possible. >> according to the wikileaks hacks, he had dinner with clinton's staffer john podesta. clinton said she has nothing to hide and the fbi has no case. >> i said repeatedly. i made a mistake. i'm not making any excuses, but i will tell you this, if they want to look at some more emails of one of my staffers, by all means, go ahead. look at them, and i know they

will reach the same conclusion they reached when they looked at my emails last year. >> now, so far the clinton staffer mentioned in that clip, huma abedin is not talking about her attorneys are and they say their client has no idea how her emails got on to her estranged husband's laptop. she only learned for the first time on friday from press reports of the possibility that a laptop belonging to mr. weiner could contain emails of hers. the fbi says they are there and they found multiple hits for those records of the state department. do they contain classified information? that's what the fbi is looking into right now now. the initial reports are saying that the laptop was co-used by her husband and huma.

it was never hers. why would she say that? because they turned all the devices to the fbi. that could be false. that could be perjury. it could be five years in prison. that lap they both used, that's his. not mine. >> they are going to make an all-out effort to go through it. the software will allow them to look at the duplicates. use some hot buttons and keywords and we might have an answer and might have any day now we could be getting answers on what is lighting up and what's not lighting up. >> reuters is reporting this morning that james comey, he found out last thursday. he was briefed on anthony weiner's laptop emails and reuters reporting is there is some sort of confrontation with loretta lynch, the top prosecutor of the country, that this decision to write that letter to congress and to tell them we're reopening the

investigation violated the department policy. so many people are wondering why did she do that? did she want to keep this a secret? >> exactly right. it sounds like she's trying to hush him up. he said i want to tell congress what's going on. she said that violates policy. so then he said essentially are you ordering me, loretta lynch, to keep this bombshell a secret? when he asked her that question, he's a smart guy, he knows the law, she didn't say don't send it. he sent the next day. but nonetheless the day before, the department of justice and the fbi are at loggerheads where he's going are you going to tell me i can't send it? i'm going to send it and he sent it. >> we don't know how much heat was put on comey, if any, by field agents, saying we came up with a great case. we give you a better case because we stumbled on to it and

if you don't come forward, possibly we use the whistle-blower act to come forward. when i asked the judge in the break i think is something no one has effectively answered. if you found on october 3rd this 650,000 was discovered and james comey knew about it two weeks later and he didn't say anything until january or february, he is playing a role in this election. if he did say something, he's playing a role in the election, but it's all intended. >> you are saying he had to say something immediately? >> yes. one way or another he's playing a role but what he's got to do is incumbent on him is to come out on what he knows. >> according to reuters he found on thursday and came out with the information on friday. >> if he were to sit on it and january comes around, she wins, and it's revealed he knew about it. he said look, the department of justice has had this longstanding tradition where you do not release information or indict people or talk about investigations within a certain window to impact an election.

>> it's just so crazy to think about we are seven days away from this election and one of the candidates is being investigated by the fbi. >> and, you know what, this would not have happened had anthony weiner not been sexting that kid. >> and people are saying -- >> a teenager. >> people are saying you can't blame james comey, hillary has no one to blame but herself. >> the wikileaks drops they knew a five years ago that he was sexting and they did nothing. let's talk about donna brazile. you know she's running the dnc because debbie wasserman shultz was told to step aside this summer. it turns out she again has been caught red handed serving up a question to john podesta for hillary clinton from a town hall in flint, michigan. describing the person who would be asking the question. >> the first one, that was fed

to her by roland martin who was monitor -- moderating that. >> he denies it. he said he never did that. >> donna was actually emailed to the hillary clinton campaign the night before the flint, michigan, debate and this is the email. one of the questions directed to hrc tomorrow is from a woman with a rash. she wrote to clinton's campaign manager john podesta and jennifer palmieri. she added her family has lead poisoning and will ask what if anything hillary will do to help the people of flint. the question was asked by that woman, mickey wade was a lot like that. two strikes at cnn, you are out. donna brazile got fired. >> donald trump said if the roles were reversed, if this is reince priebus giving me questions before the debate, i would get the electric chair. >> donald trump said i wouldn't take the question. if you have 16 people on the

stage and one was getting the answers, that would be scandalous. if i'm bernie sanders, i found out my opponent got the questions ahead, i would say i cannot campaign for you. >> he has been out on the campaign trail for hillary since it all broke. >> he has the millennial vote. >> cnn released a statement that read we are completely uncomfortable with what we have learned about her interaction with the clinton campaign. >> not only did brazile cheat, but hillary clinton did too. that is the important thing to

understand this. she is the one who wants to be president. >> how can we justify students -- punishing students who cheat on tests? >> like somebody asked about the poisoned water of flint, she should answer, i'm that much of a moron that you have to give me this question. how long do you think i hit my head on the copier? >> hillary might have read the email from donna brazile and said really, this is the question you want to tee me off on. >> she should have said i don't want this. i want to win this fair and square. >> we've got you covered. we've got you covered all day long 4:00 a.m. we'll be on all night as the results come in. >> staying consistent with my beliefs, heather, as i toss to

you, you've been able to look at these stories ahead of time, is that correct? >> you get the stories ahead of time? >> yes. >> no scandal involved. >> just not debate questions. >> good morning. we start out with a fox news alert. unfortunately, a terrible story to tell you about coming out of the south. a halloween hay ride turning into a terrible tragedy there. two children are now dead as is one adult and several more people seriously hurt after a truck rear ended a flatbed truck that was carrying trick or treaters on a highway in mississippi. all of those killed are related to each other. police are investigating, but so far no one has been charged. we are praying for that family. overnight, a deadly a explosion shuts down a pipeline for the second time in two months. you can see the huge flames and thick black smoke rising from the alabama colonial pipeline. one worker was killed and six others badly burned.

that same pipeline burst back in september and that caused massive gas shortages in the south. following through on his promise, ohio governor john kasich and former presidential candidate officially snubbing donald trump. his choice instead, john mccain. kasich wrote in the senator's name on his absentee ballot and mailed it yesterday. that vote will not count because he's not among the 18 candidates. he chose to throw away his vote because he didn't like donald trump. >> meanwhile, out of florida, marco rubio did the early voting yesterday what he told reporters is he voted for donald trump. >> straight ahead, hillary clinton says her email scandal is old news. >> i think people a long time ago made up their minds about the emails. i think that's factored into

what people think and now they are choosing a president. >> yep. change their who voted early, minds? you might be shocked. you might be amazed, and you might not. was happening so fas. somehow it felt like everything was moving in slow motion. if i didn't react, things could have gotten messy in a hurry. i mean just got that sweet ride with a great rate from navy federal. i was not about to let anything happen to her. just looking out for my wingman. he's still in training. open to the armed forces, the dod and their families. navy federal credit union.

make sure you vote because otherwise this incredible movement that we've created together, we won't get there and that will be very, very bad. >> there is no doubt, if we vote, we win. so please, if you haven't voted early, please do so. >> millions, 22.5 to be exact, 22.5 million people have already cast their ballots in the 2016 election, but what if you had had a bad case of voters remorse and you've already voted? a google search for the words change early vote has spiked in recent days. here to explain the options, political commentator erin pike. >> thanks for having me. it's really in four states. the important one, though, is in pennsylvania because, of course, that is one of the states that donald trump is saying is a must-win state for him and voters who have changed their

minds can do it. they have to do it in person, but they can do it up until election day. so that is the real state to watch but it's also wisconsin, minnesota, and michigan. minnesota, though, the last day is today. so any voters who want to change their minds in minnesota, today is the day. >> i was shocked to hear this, if you've already gone to the polls to vote and you have remorse and you want to change your mind, you can change your ballot each though you've already voted in those four states. if you lived in the states of minnesota, wisconsin, michigan, and pennsylvania, how do you do it? >> like i said, minnesota, today is the day. you have to go to your local elections office and do it in person because a local election official will have to go finish fish out the absentee ballot that you've already cast and destroy it. michigan, voters have until 4:00 p.m. the day before to do it.

in wisconsin, you have to do it in person but they can change up their mind up to three times, which that's kind of interesting to me that voters go back and forth that many times, but that's the rule in wisconsin. >> you know the news have to be pretty big if people are going to the polls and change or go to these election offices and change their minds. what's interesting is some of these states, michigan, pennsylvania, wisconsin, donald trump is campaigning hard in these states. will he be able to change these blue minds to red? >> i think the state to watch is pennsylvania. i will point out that the clinton campaign did start advertising just last week in wisconsin for the first time. wisconsin is a state where they are really looking at that senate race and clinton is trying to help russ feingold win wisconsin there. coming up next, behind the scenes of james comey decision to reopen the clinton case.

plus, judge jeanine pir row is here live to react to that. there she is in the green room. he gets hungry. why do you spray that? well, it magically keeps the dough from sticking here live to react to that. there she is in the green room. with pam nothing gets stuck. ♪

the president believes that director comey is a man of integrity, he's a man of principle and he's a man of good character. these same character traits are what led a strong majority of democratic and republican senators to confirm him to this job. these are the traits that the president selected him to be the director of the fbi. >> after fbi director james comey recommended against indicting hillary clinton or charges that is to say, and considered the investigation into her email over back in july, he was reportedly overwhelmed with resignation requests and regret, this according to a close source of

comey's who spoke to writer ed klein. he's book is called "guilty as sin." >> great to be here. >> ever since july, apparently the rank-and-file fbi agents were steamed at him and inside the fbi, the atmosphere is toxic. >> when james comey would walk down the hallways of the fbi and say good morning, people wouldn't talk back to him. that's how bad things had been in the fbi. there's a sense that he disgraced the institution and brought it down, and he has been suffering because this is a guy who is an evangelical catholic. he gets down on his knees every night and praise to god. he has a sense of moral rectitude. it put him in a direction that was a disaster for him and the institution.

>> so if he had a do-over, would he have suggested charges? >> i think he would have. according to my sources, he and his wife patrice who are very close not only in their marriage but in his professional life, she has been telling him, jim, you did the wrong thing. you've got to redeem yourself somehow. so when he learned about the emails in anthony weiner's laptop, he jumped at the chance to reopen this case. >> sure. because two things, one, apparently, he had been talking to his wife patrice according to your report that he was depressed that so many resignation letters from fbi agents were stacking up on his desk but also the harm he felt being done to the fbi. >> that's correct. he hasn't signed these resignation letters because he's hoping he can undo the damage. one of the interesting things here is that the president of

the united states has so political sized the justice department that loretta lynch has been interfering in this entire investigation from the very beginning and has given comey a hard time at every step of the way because the president, the justice department, are all trying to get hillary clinton elected president. >> one of our stories today is a riter's report that apparently comey revealed that they found reportedly half a million of these emails on this weiner laptop and the day before, on thursday, comey met with lynch, and lynch said if you release a letter to congress, that violates policy, longstanding doj policy and he said are you ordering me to keep this bombshell a secret? and she said nothing. >> yes. and the reason for that is because james comey has a reputation of threatening to

resign if he doesn't get his way, and can you imagine seven days before the election, if the director of the fbi resigned? i mean, this would throw the entire justice system into complete chaos. >> and we opened this segment with some sound bites of josh ernest talking glowingly about director comey being a man of integrity. in one of your earlier books, didn't barack obama commented appointing james comey as the worst decision of his presidency. >> not today. the president doesn't want to look as though he's interfering in the election either. this is a complete mess at the top of our criminal justice system. i would talk it a constitutional crisis in the making at this very moment. >> donald trump said the same thing. his big best seller is called

"guilty as sin." thank you. meanwhile, judge jeanine was harsh on the timing of the investigation of the hillary clinton email. watch this. >> 11 days before one of the most hotly contested presidential elections of our time, both disgraces and politicized the fbi. >> but the judge says some members of mainstream media taking her comments out of context. she's here to set the record straight. donald trump now on the offense, warning of a constitutional crisis, as ed klein just did if hillary clinton is allowed to win the white house. more on the way. ♪ we asked people to write down the things they love to do most on these balloons.

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shot of the morning. "fox & friends" viewers getting political with their costumes against our better judgment. this is gaven. he's making america great again dressed up as a mini donald trump. and dale is dressed up as a basket of deplorables. >> cindy writes this is my daughter lauren as a deleted email for halloween. >> a lot -- i guess they are all out of hillary clinton costume. >> judge jeanine joins us. >> the clip that you played, when james comey comes out and announces within 11 days of a federal election and one of the historic elections of our time that he is reopening a criminal

investigation, that is against justice department guidelines, fbi guidelines and all that is fair and right. he put his fingers on the scale. he's politicized the fbi and the department of justice. >> it's like finding a body in the street and saying, wait a second, i didn't find the body up until now. he found 650,000 emails. >> no kidding. >> what do you expect him to do? >> had he done a thorough investigation in the first place, he would have found this stuff. had he done a thorough investigation, we wouldn't have been -- he should have taken huma abedin's joint laptop with her husband. don't give me this hog wash by the way that it's his. are any defense attorneys are going to say anything that's truthful? here's the bottom line. the bottom line is this, this case should have been prosecuted. a violation in july. this is a violation of the federal laws. we all know that there was obstruction of justice. there was tampering.

there was a discretion -- >> there is no intent. >> intent is not an element of the crime. james comey is a smart guy. this is not an intent crime, jim and this is exactly the problem because she had this email server that is less secure than g mail, not to trash g mail, that's why this dirt bag pervert as our secrets on his laptop. >> alleged. >> no, he is a pervert. i'm not saying he's a pedophile, yet. he's an alleged pedophile but he is a pervert. >> am i the only one intimidated? >> this is what i did for a living. >> no wonder you host alone. >> this is incredible. >> brian, how about you host with me this weekend? >> this weekend. who wants to host with me? >> bulk yourself in. >> we just had ed klein on who has written the book "guilty as

sin." essentially what he did, according to his sources inside the fbi, comey sees this as a do over here. he feels so bad that he blew it in july. >> it givens him a second bite of the apple. now he's got the ability to go forward, but he doesn't have the department of justice, jim. here's the mess-up. doj told you not to do it, so how do you access a grand jury? james comey is with the fbi. he doesn't call up and say can you arrange a grand jury for me? we all know that loretta lynch met with the husband of the target. >> the department of justice and the fbi combining software and forces, they are going to get through most of these before election day. >> then what? >> we're going to get the answer. >> you really believe that? >> look at you. >> are you going to fight brian? >> what do you think about donna brazile feeding these questions to hillary clinton before the

debate in the primary? now, she resigned from cnn. cnn saying that they don't support what's going on. do you think she needs to step down? >> she needs to step down as the head of the dnc just like her predecessor stepped down. you know what, for all the trash of wikileaks, at least we're getting the truth now. you've got a christian woman saying don't percent cute me. at least you are getting the truth. she gives them to hillary and hillary marched forward with an answer. this is not cool. this is america. not a banana republic. cnn didn't care. they said we felt uncomfortable? really? how about you do an investigation? you find out where she got the

question from, who got the question, you go ahead and apologize to your listeners and say this whole town hall was a fraud. >> if they did an investigation, we should hear from jeff zucker who is the head guy from cnn, he's the guy who hired her and ultimately had to fire her. what was going on there? >> i don't know. >> we don't know. >> bernie sanders is still campaigning for her even though it could have changed his fate. >> it's the millennials at this point to have an opportunity to make a statement. they got messed up in terms of their nomination going to bernie sanders and now they got messed up again with hillary clinton getting the questions before the debates. millennium yals are the ones who got taken here by the democratic party. >> he had a much stronger african-american support than she did, and what they need from bernie are the millennials and african-american support, you are wondering if he would say i can't sleep at night knowing this was rigged against me?

>> what if this were happening on the republicans, what if reince priebus giving donald trump the questions in advance? >> no question. you know what, you messed with us in the primary and now in the general. it's a corrupt party. >> no one got the questions in advance on the republican side judged on what we saw. >> no, we didn't. that's the way it's supposed to be. >> we're going to be watching your show this weekend. >> you are going to be there saturday and sunday. are you going to have a special both days? >> i hope so. >> he likes face time. >> i do all the face time. look at that smile. >> there you go. >> i'm a little scared. >> judge, thank you very much. >> beat him up, judge. >> can you toss over to heather? there's heather, our friend. what do you got? >> good morning to all of you. i've got some information.

happening a short time ago, you are looking live at a horrifying scene outside of that city where a school bus has slammed into a commuter bus. this happened just a short time ago. here's what we know so far that at least three people have been killed. that crash tearing off the side of the commuter bus and the front of that school bus as you can see right there crushed. local reports say at least 17 people were sent to the hospital cht we are still trying to figure out if children were on board that bus at the time headed to school. we will bring you the very latest as this breaking story continues to unfold outside of baltimore this morning. boy, we're praying for those families and hoping that those children and adults are okay today. more on that as we get it. we are still seven days away from election day but hillary clinton already planning her victory party. the new york post, the cover of the paper says it says premature

elags, they call it. the post reporting that clinton is planning a big fireworks displ display. the celebration is set to start it before the polls are closed in new york state. wow. this morning, we're getting chilling new insights into that mass shooting at the pulse nightclub in orlando. brand-new audio just released between a very calm police negotiator and the gunman. listen. >> hi there, this is orlando police. who am i speaking with, please? >> you're speaking with the person who pledged allegiance topt islamic state. >> tell me what you did, please. >> no. you already know what i did. >> goodness. just get chills hearing that audio. that negotiator spoke to omar mateen a total of three times in more than two hours. during that time, police coming up with a plan to bust through an exterior wall and free the remaining hostages. and then a brand-new

bombshell in a bonus scandal that rocked our military. the california national guard asked for help finding nearly 4,000 soldiers who were paid enlistment bonuses. last week, the pentagon demanded thousands of national guardsmen pay back that money from a decade ago. that sparked a whole lot of outrage. ash carter suspended those efforts. those are your headlines. thank you. coming up on this tuesday, experts say donald trump needs the state of wisconsin to win the white house. can he do it? wisconsin congressman sean duffy tells us how trump can make that happen. donald trump is now on the offense warning of a constitutional crisis if hillary is allowed into the white house. we're live on the campaign trail next. only seven more days. "when the ship comes in" by the hollies

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we have a quick look at headlines for you. this highly entertaining election is officially going to the big screen. next tuesday, you'll be able to watch election coverage night either right here on fox news or you can go to 50 amc theaters across the country. there will be red rooms and blue rooms. open enrollment for obamacare is under way. sign up, guys. customers are bracing for huge rate hikes. premiums go up an average of 22% next year. eight states will see increases of 30% or higher and arizona is getting hit with a huge hike. 116% spike. unbelievable. donald trump is now officially in the lead according to a brand-new abc news "washington post" poll that was released just a few moments ago, brian. >> right. by one. that as he and running mate mike

pence head to pennsylvania looking to stoke the fire against hillary clinton's latest bombshell. >> john roberts is live in valley forge, pennsylvania, where they have been known to have a harsh winter or two. luckily he's there on the first day of november. >> with shoes. >> it's certainly not as harsh as it was back in the day but they covered the pool at the double tree and it's always sad when the cover goes over the pool. brian and stephen and ainsley what a difference ten days makes on the campaign trail. donald trump was behind 12 points, 50 to 38 when abc began its tracking poll back on the 23rd. today he takes the lead. 46-45 over hillary clinton. still very close within a single point, but one of the really significant numbers that the poll found was the enthusiasm gap between donald trump and hillary clinton. thursday and friday of last week, donald trump led 53-51.

this morning, he leads 53 to 42. clearly, the fbi investigation having an impact. donald trump will continue to push the fbi investigation today, suggesting that the clinton campaign is in an absolute panic over this, and donald trump actually thanking some unusual characters for everything that's transpired in the last four days. listen to what he said in warren, michigan. >> do you think right now that hillary clinton is happy with the services of huma? i don't think she likes huma and i never thought we would be saying thank you to anthony weiner. thank you, anthony. i never liked you, anthony, but thank you very much. this morning, donald trump kicks off the day here in valley forge, king of prussia,

pennsylvania with a speech about obamacare. he's comparing and contrasting what he would do with obamacare which is repeal and replace it. this is being called as a call to action and a profile in leadership for him this morning. here's what he said yesterday in grand rapids, michigan. listen. >> hillary clinton wants to double down on obamacare. make it even more expensive. in fact, much more expensive than ever before. in all fairness, though, folks, based on what we're reading, in all fairness, i think right now she has bigger problems than obamacare. >> donald trump will be joined by some congressional leaders who would be instrumental in his efforts to repeal and replace obamacare should he be elected president. mike pence will join him. at this time of the campaign, a lot of it is about optics and enthusiasm. tomorrow, he will have a pretty incredible scene when he has a big rally at the amphitheater in

downtown miami. that could be one of those get out the vote scenes that would be very beneficial for him, particularly in the miami-dade area. john roberts in valley forge where it's chilly. >> not to be confused with pigeon forge where it's warmer. and donald trump needs wisconsin to win the white house. sean duffy has the winning formula for mr. trump. huge show ahead. to hear so? >> sure. >> thanks for playing, ainsley. laura ingraham, paul ryan and trey gowdy are coming up. >> i guess i'll stick around. >> thank you. ♪ there's a denture adhesive that holds strong until evening.

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donald trump and mike pence hitting the campaign trail in wisconsin today. many surprised by that, the state hasn't voted republican in 30 years. what are they focusing on there? what are they seeing that we're not seeing? >> sean duffy is introducing trump today at his rally. what's going on in wisconsin, congressman? is he making a wise move with so few days left? >> no, i think this is a smart move. since 1994, they haven't voted for a republican candidate. since the scott walker recall election, it's been closer. you look at the motivation and excitement in our state. donald trump needs one extra state. whether it's pennsylvania,

michigan, or wisconsin, to put him over the top, wisconsin, i think, is his best shot at getting to 270 and that's why he's here today. >> i'm looking at the real clear average. 47 to 41.3. you say tomorrow is a big day. another poll comes out. what do you think that will show for him? >> i think you'll see that donald trump is within striking distance, within the margin in that poll tomorrow and in our senate race it's a big one as well, ron johnson versus russ feingold. i think you are going to see a toss-up of a 50-50 race. this thing in wisconsin has got him very close. we've got common sense people here, brian, we're in the rust belt and we like straight shooters. the email scandal with hillary clinton hasn't played well. and getting questions from donna brazile, we don't like that. >> i understand in your state, if you are an absentee ballot, you could re-do that in light of what happened on friday.

we could find out in a week or a few days from the fbi. >> you can change your ballot up to three times. i only that because i watched your show this morning. we have these hard folks on the left and the right who will not change their vote. we have a lot of people who are ping-ponging as information comes out. they lean trump, they lean clinton, then they lean trump. i think they have it comes down to who is the best to drive the company, and -- economy, and protect the country, and defeat isis. >> congressman, thanks so much. coming up straight ahead, laura ingraham will be here. paul ryan is here and trey gowdy. unfortunately, this is a much

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hillary is the one who broke the law over and over. thank you, huma. thank you, huma. >> i'm not making any excuses, but i will tell you this. if they want to look at some more emails of one of my staffers, by all means, go ahead. >> no matter how good the election results, if you are a criminal, if you run afoul of the system, if you have obstructed justice, the system grinds you down. >> we commend the fbi for reopening the case because no one is above the law. >> director comey made a grave mistake. he neds to correct that. >> last week, they were ordering their inaugural ball gowns and this week they are in the worst communications crisis. >> in some ways, it's been

jacked up this weekend. there may be some distractions. >> president believes director comey is a man of integrity, a man of princele. >> thank you, anthony weiner. >> live from new york city, it's one week before the final voting. welcome aboard, folks. this is "fox & friends," your newer one cable news show in america. >> exactly right. and laura ingraham joins us right now -- not right now, i'm told. >> she's part of the show. we've got laura ingraham, trey gowdy and speaker paul ryan after. -- i understand we have her now. >> we have had darth va dor and the vampiress. i have new found respect for the

make-up people at fox. i didn't get the blood right but we had fun nonetheless. >> now, one costume is usually not enough. now they have to have one for school. >> don't you love that. >> you know, we had it so bad when i was a kid. don't you love these stories. we were always bum, when you could say the word bum. >> hobos. what are you this year? >> a bum. that's what we were. let's talk about some of the news of the day. reuters is reporting this morning that attorney general loretta lynch told james comey when said i'm going to send this letter to congress when he talked with her last friday, i'm going to send this letter to congress. she said it violates department policy and he says to her are you ordering me to keep this a secret. what a bomb shell. >> yes, it is. everyone should understand the policy is guidance. these are guidelines and the guidelines instruct that you shouldn't be timing your

investigation to affect the outcome of the election. anyone who thinks that comey is out there calculating when to release information to affect the outcome of the information, what was he doing when he did his press conference to say there was no reasonable prosecutor could find grounds for an indictment on a crime. so all of this is just ridiculous. it's guidelines. and that's why president obama came out yesterday and said that he has faith in james comey's integrity. he didn't find that he was trying to affect the election. that was very interesting. >> i loved it. at least you are staying consistent unlike every democrat out there. donald trump, he said i thank him for reversing himself in this case. he is not saying what he did in july is incorrect.

the other thing that's fascinating is justice department is combining forces with the fbi and they are doing their best to get through the 650,000 before election day. you think that friday was dramatic. when we start hearing about hits perhaps in her emails, this is going to be unbelievable. >> a source of mine who just retired from the cia with good contacts in fbi. they said when they first looked at the documents, it was likely that just with the met adata that they could of course see that i allot of email had come from the private server of the clintons and there was -- it was likely to be thousands of classified documents on that server. indeed, some of them may have been duplicates, but there is no doubt that in my mind, my previous experience in the law, there's no doubt in my mind that the federal prosecutors looking at this, investigators looking at this, saw something fairly

dramatic. it wasn't just saying hey, how you doing? great. yoga class go well? metadata allows them to see a lot more. >> they can come down to 20 to 30,000. the "wall street journal" has the breakdown. there's hope they will get to the bottom of this quickly. >> we'll see. what i found stunning yesterday is so many colleagues in the media who are supposed to be objective journalists. they covered this as a james comey scandal. this is all about the conundrum for james comey. it's unbelievable. if you swap out hillary clinton's name and you put donald trump's name and the same set of facts, they would be treating this like a political

armageddon, but again, they showed us where their allegiances lie with the democratic party. even the president doesn't question comey's integrity in this investigation. >> to the point that donald trump is making it with the system is rig and combining it with the media, as it turned out thanks to wikileaks, we're discovering that wikileaks, who is the interim head of the dnc apparently has been feeding lines to debates and to town forums to hillary clinton. donna brazile got fired. apparently, it's just being revealed by cnn. it's curious. some people are calling for an investigation. how does this happen at cnn? it would be nice to hear from jeff zucker, the guy who was in charge over at cnn to figure out, okay, if this happened with donna brazile, is it happening with anybody else? >> this confirms what many of us

have believed for some time that networks like cnn have ceased beginning an arbiter of objective truths to the extent they ever were, and they are essentially operating as hillary's super pac. that's what happened with brazile. she answered megyn kelly, when she was asked that question, she got all intig nant. how dare you -- >> i'm a christian and i know what it's like to be persecuted. >> some of those things she gave the stiff arm to bret baier. when he asked the question, he became boo-boo. >> boo-boo bear. >> oh. a little slow with the yogi references. she put it off and the rest of the people in the media oh, donna, isn't she wonderful? i do like donna brazile, but this is ridiculous! there should be a full-fledge investigation at cnn for the

fact that they apparently have questions floating around that can be emailed from one to the next. >> i'll give you a hypothetical that you can embrace. what if ted cruz found that donald trump was getting the questions ahead of time, do you think that even though we're in the back stretch, do you think for a second there wouldn't be a press conference in texas talking about how reince priebus set up donald trump? >> the double standards here are just huge. >> bernie sanders has no pride, i guess. he doesn't want to stand up for the people who followed him around the country. >> donald trump said he would get the electric chair if reince priebus were giving him the questions. >> bernie sanders is going around the country talking about all the billionaires are out there for trump. what? all the billionaires are for hillary. what are you talking about? >> when you watch cnn this morning, they are not talking

about the email. they are talking about how donald trump is linked to russia. that story says the fbi has no clear link between donald trump and russia. you won't find that on the front page. investigating trump, fbi sees no clear link to russian government. >> that's just the fbi -- the fbi is in cahoots with the kgb which is in cahoots with the republicans, that's what james carville was sputtering on msnbc. it's so bad that james carville is attacking tom roberts who i don't think is a trump fan. >> this other story, in the 90s crisis, trump used a tax tactic now banned. not banned then. >> laura, before we go, serve days out, given this news of the

day, trump is surging. what happens? >> i think trump is going to win a few states that right now nobody predicts he's going to win. i think it could be an outliar state. what i'm going to do just for my only connecticut roots, connecticut is in terrible shape. they have had some terrible governance. i'm saying that connecticut, i know this is an outliar, connecticut, connecticut. you need change. >> i know it's crazy, i'm going to say. a state like connecticut, perhaps a wisconsin, maybe, maybe, maybe even what's happened with the obamacare premiums in minnesota. i think there's going to be one or two states, maybe -- none of those three, but one or two states people haven't gotten a lot of focus are going to go for trump. if that happens -- >> does he win? >> i think trump in the end can win this but he has to play this kgb scandal right. >> if he wins, the first thing

you hear from the democrats is this thing is rigged. the election process is flawed and the russians have stolen our voting machines. >> that will be the next day's headlines. >> you are in the homestretch. eight days you can sleep. seven days from now, fox news has election day covered for you. all day long. actually all night. we're starting at 4:00 a.m. we're going to be live on the air all night as those votes are coming in. stay with fox news. america's election headquarters. we have this new studio. it's so cool. you might want to watch. >> absolutely. we might get it. >> we already have it. >> as a network, maybe our show will get it. >> we have a nice one right now. it's 11 minutes after the top of the hour. >> heather, you can't make it up. we're watching a tragedy as it unfolds in baltimore. a school bus slammed into a city bus about an hourg, and we know so far, again, this information

is just coming in, that three people are now dead. we are trying to confirm whether or not there were any children on board that school bus at the time. that, we do not know. but we do know the 17 people were hospitalized. that video coming in a short while ago. we will keep you posted on any updates and as we learn if there are students on that bus. we're praying for all those in baltimore this morning. breaking news, a halloween hay ride turning into a terrible tragedy. three people, including two children, are now dead this morning, and several others have been seriously hurt. a truck plowed into a trailer that was carrying trick or treaters on a mississippi hawaii. all of those -- highway, all of those killed are related to one another. no one has been charged. a deadly explosion shutting down the country's largest pipeline for the second time in two months now. you can see these huge flames and the thick black smoke rising

from alabama's colonial pipeline. police say a construction crew hit the pipe with annex indicator. one worker was killed and others burned. the same pipeline was hit earlier in the year and causing massive gas shortages in the south. this hour just getting started. you won't want to miss congressman trey gowdy joins us and what he says about hillary clinton's claim that the fbi doesn't have a case. and speaker of the house paul ryan on the republican party and supporting donald trump. they are both live this hour.

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♪ down to seven. seven lucky days. we're exactly one week from the presidential election and hillary clinton is heading to the battleground state of florida. >> this as the constant wikileaks email dumps continue to dog her campaign. >> in a way, some say it's energizing. rich is live in dade city. >> reporter: she gets here in a couple of hours but this is as wikileaks continue to leak emails from john podesta, her

campaign chairman. this one is from john nides. he writes, by the way, you know as well as i every gosh darn cabinet officer and white house staff uses ses their good mail account. here's another one from nira tandi. another clinton ally. has foresight. she writes, i don't think this is the right time for a middle class tax cut. i think liberal will see it as kraven 90s centrism. may be more useful in the general. whenever it comes to questions about the clinton campaign about the wikileaks emails, they don't discuss the content of them. they immediately pivot to the idea that russia may be interfering with the u.s. election. hillary clinton is mentioning

the emails herself at least when it comes to what the fbi is investigating now. she's talking about this latest investigation, expansion of the investigation and discussing it on the campaign trail. >> i think most people have decided a long time ago what they think about all of this. now what people are focused on is choosing the next president and commander in chief of the united states of america. [ cheers and applause ] >> reporter: huma abedin, the top clinton aide in this, she has responded essentially saying or her attorney has said she is happy to speak with the fbi if they contact her. they haven't contacted her yet. the fbi is looking into the emails they have found on her joint computer with her estranged husband, anthony weiner. she's here at a few locations in the tampa area. she heads to the forlt lauderdale and orlando area. then it's out west for her, she

goes to arizona. >> thank you, sir. remember this exchange on capitol hill between congressman trey gowdy and fbi director james comey. >> clinton said there was nothing marked classified on her emails either sent or received. was that true? >> that's not true. there were a small number of portion markings on i think three of the documents. >> secretary clinton said i did not email any classified material to anyone on my email. there is no classified material. was that true? >> there was classified material emailed. >> right. now, trey gowdy is on deck to get into hillary clinton's latest claim that the fbi does not have a case.

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i'm not making excuses. i said it's a mistake and i regret. now they parm want to lock at emails of one of my staffers and by all means, they should look at them and i am sure they will reach the same conclusion they did when they looked at my emails for the last year. there is no case here. >> really. one of my staffers? what's her name again? huma abedin? is there a really a case here or not. >> south carolina republican congressman trey gowdy chaired the house select committee on benghazi that led to the relingses. he joins us from south carolina. good morning, congressman. >> good morning. how are you all? >> good. despite of that half a million emails out there, she's blaming

james comey for this. do you blame james comey for these relingses? >> to the best of my recollection, director comey did not tell her to set up her own private email server. he did not tell her to lie about almost every aspect of the email. he did not tell huma abedin not to turn over all her ideas and he didn't tell anthony weiner to sext with under age girls. i don't know how james comey is responsible for any of this. >> we're getting more from reuters, that loretta lynch does not want james comey coming forward with this. she said it violates law and policy. he allegedly said to her are you ordering me to keep the new clinton bombshell a secret? did that happen? >> i'm sure that loretta lynch and sally yates had a conversation with comey but the fbi director is given a ten-year gig for a reason. he or she can be independent and i could have sworn loretta lynch

recused herself from this investigation because she met with bill clinton on the tarmac. what in the world she's doing talking to him about the investigation baffles me? >> you were out on sunday. you were helping us out to define what this actually means. tuesday, we're still talking about it. i was on the radio with congressman jim jordan. he surprised me. he said i think it's probably not the right thing for james comey to do this close to the election. i know you are friends. >> i love jim jordan. he's a three-time ncaa wrestling champion. we're 3,000 mile apart right now. ance of the uld have didn't

emails. he didn't even say it's directly related to secretary clinton. he just said the investigation has reinitiated. i viewed it as a notice document, and the timing again is not jim comey's fault. it's not his fault this is coming up a week or so before the election. that is secretary clinton's fault. in south carolina, there's a saying, it all comes out in the wash. remember being taught that and you are from south carolina. i can't believe that all of this has come forward, this latest investigation because anthony weiner was sexting with some young girl. that could cost hillary clinton the election. >> well, that would be ironic. yesterday, she acted like she didn't know who huma abedin was which is laughable. she had no closer aide than huma abedin and by the way these are not huma abedin's emails. i don't think anybody cares about her emails. they would be emails that secretary clinton either authorized or received. so these are not huma abedin's

emails. these are secretary clinton's emai emails. she can act like she didn't know huma abedin, but we all know about. >> it sounds like her smart phone backed up on that thing and she doesn't know how that happened. the letter that came out from the department of justice yesterday that they would be working with the fbi to try to sort through this stuff as quickly as possible, although, you know, they are not going to be able to do it before the election, it was signed by a fellow by the name -- the assistant attorney general, peter kadzik, i believe. they say this particular guy is actually a close friend of john podesta who is the chair of hillary's campaign. do you see the possibility of politics working into this? >> well, in the interest of full disclosure, i have had many, many differences with peter caddis, both publicly and privately. i don't think it's a probably for this reason.

peter doesn't make these decisions. they are made at the top of the doj. i've been very critical of the politicalization of the doj. i think it's department the department of justice has been politicized. he's not a decision maker. he's a messenger. intent seems to be the big word. the intent doesn't matter when it comes to a guy on a nuclear submarine taking a picture to tell his parents what he's doing when he's at sea. intent didn't matter with general cartwright. does intent matter if hillary clinton didn't intend to violate security procedures, does that matter? >> no. that was my whole point of difference with director comey. had congress intended to require specific intent, we would have not used the phrase "gross negligence." those are two different standards. congress intentionally used the phrase "gross negligence." he said extreme carelessness.

they mean the same thing. intent to harm the country means tree son. we wanted to criminalize conduct below treeson. i disagreed sharply with james comey when he read that element into the offense. i have been critical of him in the past. >> you support this move. >> i think he had no choice but to notify congress that his previous testimony had changed. >> all right. >> congressman trey gowdy, thank you so much. appreciate it. >> yes, sir. thank you all. >> 8:30 here in new york city now. will republicans rally around donald trump now we're 7 days away from the election? house speaker paul ryan joins us on the other side of this brief commercial message.

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hillary is the one who set up an illegal private email server in a closet to shield her criminal activity. hillary is the one who engaged in a corrupt pay for play in the state department. now there's an investigation into the clinton foundation. hillary received and sent classified information on a private email server. hillary is the one who lied to congress under oath. she lied did turning over work

related emails, she lied about classified information and she lied about using only one device. >> she's been busy. joining us from jamesville, wisconsin, is speaker of the house, paul ryan. >> good morning. how are you doing? >> we're doing great. thank you very much. i know this has been a crazy election year. yoof had some ups and downs with donald trump. we're one week out, where do you stand on voting for donald trump and endorsing donald trump? and what about all republicans, democrats and independents watching right now. >> i stand for our nominee. we need to support our entire republican party. for those of us who lived through the 1990s, it's the feeling of deja vu. the point i make to younger

voters, this is what life with the clintons looks like. it's always one scandal after another. you never know what happens next. they live beyond the rules and they live to work the system to help them receives and clinton incorporated. she could come in with a democratic house and senate, and that would be the worse thing to happen. i am supporting our entire republican ticket. i have been all along. what my -- which is not changed at all. my focus personally right now is saving our house majority. i'm going to indiana, michigan, new york today to fight for house republicans to make sure we keep the majority. we got to win the tables. good to better.gop, if you want to take a look at what a unified

republican government can see you, take a look at these what a republican government can he get you if we don't win the white house, don't win congress, we don't get this. we get clinton scandal. she will come in just like brem did with all her scandal baggage. >> donald trump and scott walker will be campaigning in your state. will you be with them? >> no. i i just heard about it about ten minutes ago. i didn't know that. i'm on my way right now to indiana with one of our members running there. then i'm going to new york and virginia. i'm crisscrossing the country right now fighting for congressional republicans. which is my primary responsibility. >> you did say you wouldn't campaign for him. have you changed your position for them? >> i haven't changed anything. i'm just focusing on my primary responsibility which is saving our house majority. i've already got a long schedule that has been in playing

fighting for house and senate republicans. that's what the speaker of the house does. my job is to make sure that nancy pelosi does not return as speaker of the house. it's also to help all republicans to make sure they turn out the vote and that helps every republican up and down the ticket. >> most political experts would say the republicans should emphasize is the collapse of obamacare and the way the rates have been jacked up, ironically in key battleground states. the comeback is well the republicans don't have anything. they want to take all your insurance away. mr. speaker, you have an answer to that? >> can i bring this back in the shot. can you see this? >> there it is. >> we actually have a full obamacare replacement plan. go to better.gop read it for yourself. all republicans have put it out there for the world to see. we've worked with our nominee with this all these other ideas. we've shown you what real patient-centered health care looks like. we don't have to live with obamacare. it's patient-centered health

care. you choose what you want for your family. obamacare is collapsing under its own weight. we can and will replace it if we win this election. >> how did that line up with donald trump and his plan? >> they are virtually one and the same. we've talk with donald all year long with these things. same with tax reforms. same with moving people from well wear to work. a unified republican government can fix our big country's problem. a hillary clinton government will not fix our problems and you'll have scandal and baggage coming into the house. >> mr. speaker, i think it was there was a push of the freedom caucus to remove you as speaker afterwards. when there was pressure to leave as leader of the convention, you said no problem, i'll leave if you want me to. if that's how you feel as speaker, if the republicans don't want you, no problem. >> i serve at the pleasure of

our members. i'm good where i am. i've kept to my word. we have offered a very bold agenda. nobody has done more to help raise money for our house republicans and get us in the position to win. i'm crisscrossing this country, working for our members. we're all focused on beating democrats on november 8th. i'm very confident where i stand. as speaker of the house, you serve at the pleasure of your conference, which i'm happy to serve. >> do you like this job more than you thought? >> yeah, actually, i do. because i think you can make a big difference, you can make a big change. what i like is putting the ideas into law into 2017. what i don't like this idea of a clinton scandal government and coming in doubling down on where obama was taking the country. 70% of the country don't like the direction we're going. hillary clinton will take us in the same direction but with scandals. people don't want to see this happen. we have to turn out the vote and change the direction of this country. i'm excited to be a part of that. >> thank you for being with us,

this morning. >> you about the time -- bet, ainsley, take care. >> the speaker stopping by us before he makes three stops today. donald trump will be in wisconsin where the speaker is leaving. record number of immigrants being held at our borders and now accusations that the government is lying about it to get hillary clinton elected. take a look at this. ♪ god bless america ♪ my home sweet home ♪ god bless america ♪ >> the wife of an all-star spluger -- slugger wowed wrigley field during the world series. and she will be on "fox & friends" in just a moment.

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>> one week to go and donald trump zeros on his signature issue. that is border security. >> as we speak, we're in the middle of annted crisis on our southern border. the agents on the ground say it's the worst they have ever seen and that the american people aren't being told the truth about what's happening. >> well, and he may have a point. board are agents are now accusing the federal government, yep, the federal government of covering up 40,000 illegal immigrants in detention centers in what they say is an effort to sway the election. chris cabrera is one of the border agents. he joins us right now. what's happening right now? >> well, right now, we're getting flooded with people crossing the river or crossing the border whether it's in california or in texas. people are coming in record numbers and they are filling up our stations right now. >> why do you think they are doing? because they fear trump will

build a wall and time is running out? >> they are being told by their smugglers if trump wins there will be a wall and they will never get in and if hillary clinton gets in, there will be some magical amnesty. it's making people mobilize a lot quicker and they are becoming more desperate to get here. >> let me share some numbers. i don't know if you have a monitor there. i'll tell what you it says. in 2013, there were 414,000 apprehensions. in 2014, 479. then it drops to 331. now it's up to 408. do those numbers mesh with what you've seen? >> yeah. you know, last year wasn't as busy as 2014, but that wasn't really a good thing, you know. better than bad is not necessarily good. this year, it seems like we're going to eclipse 2014. as of right now, we're just packed to the gills in all of

our stations. i at least in the south texas area, it's insane the amount of people coming in. what's even scarier, we're releasing the vast majority of them into united states. >> a lot of them aren't mexicans. they are coming from central and south america? >> yeah. some come from haiti, from china, indiana, you name it. they are coming here. india, you name it, they are coming here. >> why isn't mexico helping? >> mexico doesn't really care. if they are getting paid to let these people cross through their country, it doesn't matter to them. >> chris, so right now you don't think people are paying enough attention to it. who are the people who are coming across here? are they looking for a better life or create havoc? >> you do have folk coming to create a better life, but you also have an element in there that's not necessarily a good element. we do, i think, it's one in five people that we catch has a criminal conviction in the united states, and that's without even being able to check what their status is in their

home country. we don't know what their criminal history is in their country of origin, and, you know, on top of that, only 50% of the people that we -- that come across this border are being apprehended. >> are people mad that you are on our show right now talking about this? >> i think some are glad that i'm speaking out. i'm sure there's a select few that's not too happy. >> like the federal government because you are messing with their narrative. chris cabrera, thank so much. >> thank you. meanwhile, coming up straight ahead, a world series player lovely wife wowed wrigley field with this performance. >>. ♪ god bless america ♪ my home sweet home ♪ god bless america >> you get the idea. now the amazing juliana zobrist

joins us next. >> let's find out from martha mack callum joins us. >> we've got brand-new polls that show trump edging out clinton by one point as this race tightens with one week to go. dr. ben carson and general mike flynn are here and the dnc in a firestorm once again as its interim head donna brazile comes under fire again for leaking debate questions to clinton. we'll see you at the top of the hour. when cold and flu hold you back try theraflu expressmax, now in new caplets. it's the only cold & flu caplet that has a maximum strength formula with a unique warming sensation you instantly feel.

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you saw her performance this

past saturday at game five of the world series. now she's here to sing "god bless america" on "fox & friends." >> joining us now is musician and wife of cubs all-star, ben zobrist. >> what a beautiful voice you have. you are the star of the family, aren't you? >> no. it's really fun. >> this is back-to-back world series for your family because your husband is currently left field for the cubs. last year he was playing for the kansas city royals and what did he say to you when you were pregnant? >> yes, i was pregnant. i had our baby three days after we won the world series. >> what a week for your family. >> she held on and we held her right after. >> god bless the baby. how about the song, god america. >> she's got an album coming out and she's a christian singer. we love her. take it away.

♪ ♪ ♪ god bless america land that i love ♪ ♪ stand beside her and guide her ♪ ♪ through the night with the light from above ♪ ♪ from the mountains to the prairies to the oceans white with foam ♪ ♪ god bless america my home sweet home ♪ ♪ from the mountains to the prairies

to the oceans white with foam ♪ ♪ god bless america my home sweet home ♪ ♪

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delete files button. >> any time he come out with a new car series, he will join the "tonight" show. >> many people thought that jimmy fallon was appearing as jay leno because it was halloween. >> thank you for showing us some pictures. ths juliette, dressed as a un unicorn. and this is katie dressed up as ainsley. >> my dogs are dressed up as lions. >> they are ferocious. >> julian la z-- juliana zobris is joining us in the after the show show. >> are you predicting victory tonight? >> absolutely! the next couple of nights!

>> so is fox because the ratings are through the roof. they are up 35% all because your husband. >> i know it. i knew that. >> we wish them all the best. >> thank you for watching us. we'll see you tomorrow at 6:00 a.m. >> so long everybody. america's newsroom starts. bill: just one week from election day. 7 days and counting. it's full steam ahead for the clinton investigation. i'm bill hemmer. welcome to "america's newsroom." martha: the f.b.i. has the hard drive from anthony weiner's laptop. the focus is said to be work